Osterhout, McKinney and Prather, P.A. - Florida Medicaid Law, Florida Elder Law, and Florida Asset Protection               FLORIDA MEDICAID, FLORIDA ASSET PROTECTION AND FLORIDA ELDER LAW SERVICES FOR THE ELDERLY OF FLORIDA.
Julie Osterhout JULIE OSTERHOUT
Elder Law Attorney
Of Counsel
Lance McKinney LANCE MCKINNEY
Certified Elder Law
Attorney
Beth Prather BETH PRATHER
Certified Elder Law
Attorney
Britton Swank BRITTON SWANK
Elder Law
Attorney

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FLORIDA  MEDICAID

Institutionalized Care Program (ICP) Medicaid is a government program that pays for individuals residing in nursing homes. The applicant must meet certain medical and financial criteria, and must be a citizen or resident alien. The rules are different for single people than for married people.

Three ways to create Florida Medicaid eligibility for a married couple are:

Immediate Annuity: All the assets, except the amount the law allows the well spouse to retain, are used to purchase an immediate, term certain, not life, annuity for the well spouse. The annuity payment is counted as income to the well spouse and the ill spouse is eligible for Medicaid. This is a good option for the family who has certificates of deposit.

Raising the Community Spouse Resource Allowance: If the well spouse’s income is less than the amount allowed by law (including their social security and pension), they are allowed to keep assets which produce income to get their monthly income up to the amount allowed by law. This option works well when the husband is the ill spouse and the couple has assets less than $200,000.00 or so.

Just Say No: The well spouse can just refuse to pay for the care of the ill spouse. If the ill spouse meets the rules for an individual to be eligible, then the ill spouse is immediately eligible for Medicaid. This is an option to use in second marriage situations.

There are other ways to create Medicaid eligibility for a single person.

There are also many other assets that do not count when determining eligibility for Medicaid.

Each family’s situation is very different and must be individually analyzed. Under current law, we can assist in legally rearranging the assets to make a married person eligible for Medicaid almost immediately! With a single person, most of the assets can be legally sheltered too.

Do not let your life savings be spent on long term care costs. Act now!

We specialize in Florida Medicaid and Asset Protection Legal Services.

 

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the Law Offices of Osterhout, McKinney & Prather
3783 Seago Lane
Fort Myers, Florida 33901
Phone: (239) 939-4888
Fax: (239) 277-0601